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(영문) 인천지방법원 2015.09.11 2015노2676
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment with prison labor for one year, confiscation is too heavy or it is unreasonable to conduct an inspection.

2. On the other hand, the crime of violation of the Special Act on the Prevention of Loss and Refund of Loss by Telecommunications-based Financial Fraud, which is committed against many unspecified persons in a planned and systematic manner, is a telecommunications-based financial fraud crime, which is called the so-called “scaming,” which is committed against many unspecified persons. It is not easy to detect the organization of crime, and there is a substantial social harm because it is not easy to detect many victims, and there is a need to punish victims with considerable economic suffering; the frequency of the crime in this case and the amount of the crime in this case are not so big and the damage is not recovered or are not agreed with the victims; on June 12, 2013, the Suwon District Court sentenced two years of suspension of execution to imprisonment with prison labor for the same law at the Suwon District Court on June 12, 2013, and was committed again during the suspension of execution, and it is not too severe or too harsh to the defendant's punishment.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in the lower judgment’s judgment, it is apparent that the phrase “ around August 28, 2014” in the first sentence of Article 25(1) of the Rules on Criminal Procedure is each error of “Article 25(1) of the Criminal Procedure Act” and “ October 22, 2001.” in the first sentence of Article 25(1) of the Rules on Criminal Procedure, since it is apparent that the phrase “ around August 26, 201” is an error of “Article 25(1) of the Rules on Criminal Procedure.”

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